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(영문) 광주고등법원 2019.12.27 2018나25822
약정금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants are jointly and severally listed in the separate sheet 1 “Plaintiff” column.

Reasons

1. Basic facts

A. The plaintiffs are sectional owners who purchased guest rooms in BA hotel or liquor (hereinafter "the hotel of this case") located on the ground of BA, Z, and 3 lots from AY Co., Ltd. (hereinafter "AY"), and the defendant AX Co., Ltd. (hereinafter "the defendant AX") entrusted the new hotel construction and sales business of this case to AY, and the defendant AW Co., Ltd. (hereinafter "Defendant AW") is entrusted with the operation of the hotel of this case.

B. The Plaintiffs entered into a sales contract for each of the instant guest rooms listed in the separate sheet No. 2 “B” column of the separate sheet No. 2 as to AY and the instant hotel No. 2 on each of the following dates (hereinafter collectively referred to as “each of the instant guest rooms”). The Plaintiffs entered into a sales contract for each of the instant guest rooms (hereinafter referred to as “each of the instant sales contracts”), and thereafter completed the registration of ownership transfer in the names of the Plaintiffs as to each of the instant guest rooms.

C. On each day indicated in the “Date of the Contract for Sale in Lots 2”, the Plaintiffs and the Defendants entrusted the Defendants with the right to use and make profits from each guest room of this case, and the Defendants entered into an entrusted operation contract with the content that they shall operate each guest room of this case and pay a certain amount of profits to the Plaintiffs (hereinafter “each entrusted operation contract of this case”). D. The hotel of this case started operation from June 17, 2016 with the approval for use on May 16, 2016 after obtaining the approval for use on the part of the Plaintiffs. The main contents of each of the instant entrusted operation contract are as follows. Each of the instant entrusted operation contracts is referred to as “A”, and the Defendants are referred to as “B” and “B”.

BA Article 2 / [Purpose and Terms Definitions] of the Agreement on Entrusted Operation of Hotel Operators

1. The purpose of “A” is to entrust the ownership of real estate, and “B” is to operate the consigned real estate with good faith and expertise, thereby creating common profits.

2...

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